Womens Law Project

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On April 22, 2010, the Pennsylvania Independent Regulatory Review Commission (IRRC) approved a Pennsylvania Department of Public Welfare (DPW) proposed regulation that “ officially codifies the Family Violence Option (FVO) ” in Pennsylvania. The FVO regulations will insure that Pennsylvania provides critical support and protection to domestic violence victims who need TANF. Adopted by Congress in 1996, the FVO allows states to facilitate access to Temporary Assistance to Needy Families (TANF) for needy victims of domestic violence. The FVO was adopted because of research demonstrating the importance of public assistance in achieving economic independence from abuse but recognizing the risks of further abuse that welfare requirements may impose. Pennsylvania adopted the FVO in 1997 and established a task force to assist DPW in its implementation. The Women’s Law Project, a member of this task force, is pleased to see the approval of these regulations, the culmination of many years of cooperative and productive work with the Department of Public Welfare. Consistent with the federal FVO, the regulations provide for the identification of victims of domestic violence who may be in need of help, the referral to appropriate services, and the waiver of TANF and General Assistance requirements that would place a victim at further risk of domestic violence, make it more difficult to escape domestic violence, or unfairly penalize a victim because of domestic violence. (See comments to IRRC by the Women's Law Project, Community Justice Project, and Community Legal Services .) On January 5, 2009, Philadelphia joined the ranks of thirteen other jurisdictions that provide unpaid leave for victims of domestic and sexual violence to take steps to protect themselves from further violence without risking loss of employment. The ordinance passed unanimously by Philadelphia City Council on October 23, 2008, and was signed into law by Mayor Michael Nutter on November 5, 2008. The ordinance amends Section 9-1103 of the Philadelphia Code to require all employers to provide employees unpaid time off from work to obtain medical attention, victim services, counseling, relocate or take other steps to increase their safety and seek legal assistance or participate in legal proceedings without retaliation. Terry Fromson, Managing Attorney of WLP, along with other victims' advocates, had appeared before a Philadelphia City Council in support of Bill 080468. See copy of Terry Fromson’s testimony before City Council.

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